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Questions about Statutory Sick Pay Law

Sick pay is paid time off that workers can use in the event of a short term illness such as the flu or a cold. This allows the employees to recover from illness in the comfort of their home without the fear of losing pay. Many workplaces offer sick pay to their employees as a fringe benefit and make it a part of their HR policy. Employment Lawyers on JustAnswer can answer any questions you have about sick pay and sick pay entitlement. Take a look at the top five statutory sick pay questions that have been answered by the Experts.

What can be done if a person whose hours are cut and sick days removed, gets injured on the job?

There are no laws which regulate how many hours of work an employer has to offer his employees. This decision is made by the employer and is usually based on the need for work. In today’s economy, many employers are cutting hours and even letting employees go. However, as far as an employee sustaining an injury at work, the employer is responsible for providing medical care and is required to handle all medical bills. Most employers carry worker’s comp insurance to cover job related injuries. Many states require employers to carry worker comp insurance if they employ over five employees. The employers may still be liable for medical bills if they have less than five employees and do not carry the worker comp insurance. You should contact the worker’s compensation insurance office and explain the situation. A worker’s comp representative will discuss your situation and help you find an option.

In Arizona, is there a time requirement to pay a terminated employ business expense reimbursement?

Arizona state law is silent on expenses, but usually, you would allow a reasonable timeframe for the employer to reimburse your expenses. Usually, a fair timeline would be to look at how long the company would take to compensate you for your expenses during your employment. The state doesn’t offer a timeframe in which employees should be reimbursed expenses. You can send the employer a letter requesting that your expenses be paid immediately. You could also let them know that if you are not reimbursed, you will seek a legal remedy at their expense, to recover your funds. A lot could depend on the kind of documentation you have. If you need an Expert evaluation of your situation, you can ask an Employment Lawyer on JustAnswer for legal insight.

If a person has sick pay built up, can they make the company pay them the sick pay if they are leaving?

If you have a written contract that states any sick days that you have available will be paid to you upon your leaving the employment, you would be entitled to those paid sick days. However, if there is nothing in writing and there is no policy about paid sick days upon leaving, the employer is not required to pay you for these days.

Does sick pay rollover and keep building or is it only within the year?

Usually, the employer will set their own vacation time and holiday pay policy. However, in the vast majority of cases, the employee sick pay will roll over. Your employer may set rules as to when you can use the sick pay, how much you can use at a time, and how much time you can build before you us it. Your company’s HR policies, your appointment contract and other documents may contain details about these company policies.

If a company overpays an employ for vacation and that employee has quit, can the company keep the employee’s sick pay to compensate for the overpayment?

An employer is not required to pay an employee’s accrued and unused sick time if the employee quits, so you could normally use the sick pay to reimburse the company for the overpayment. However, if the employee becomes sick before the termination date, the employer has to pay sick pay up to the number of days that the employee has available. An employer cannot remove deductions from an employee’s wages without the employee’s written consent. If the employee doesn’t allow you to deduct the sick pay for the overpayment, you could take the employee to small claims court or absorb the cost of the overpayment.

Many questions arise when dealing with company policies and an employee’s rights. If you find yourself in a situation at work and you are unsure how to handle a situation or what your legal rights may be, you can take your questions to Employment Lawyers on JustAnswer. The Experts can answer your legal questions and offer solutions to your individual problem in an efficient and knowledgeable manner.
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